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Works - 462218-2022

24/08/2022    S162

Finland-Espoo: Construction work

2022/S 162-462218

Contract award notice – utilities

Results of the procurement procedure

Works

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: Gasgrid Finland Oy
National registration number: 3007894-1
Town: Espoo
NUTS code: FI1B1 Helsinki-Uusimaa
Country: Finland
Contact person: Gasgrid Finland Oy
E-mail: olli.sipila@gasgrid.fi
Internet address(es):
Main address: https://gasgrid.fi
I.2)Information about joint procurement
The contract is awarded by a central purchasing body
I.6)Main activity
Production, transport and distribution of gas and heat

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Works Relating to Charter of the FSRU Vessel and Establishment of a Floating LNG Terminal

II.1.2)Main CPV code
45000000 Construction work
II.1.3)Type of contract
Works
II.1.4)Short description:

Works relating to urgent establishment of FSRU LNG terminal. Deep-water harbor and off-shore mooring structure construction and high-pressure transmission gas pipe line construction.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT) (Agree to publish? yes)
Value excluding VAT: 22 182 052.00 EUR
II.2)Description
II.2.2)Additional CPV code(s)
45231110 Pipelaying construction work
45112000 Excavating and earthmoving work
45231100 General construction work for pipelines
45112100 Trench-digging work
45231200 Construction work for oil and gas pipelines
45241500 Wharf construction work
45244000 Marine construction works
45231112 Installation of pipe system
45255300 Gas terminal construction work
II.2.3)Place of performance
NUTS code: FI Suomi / Finland
II.2.4)Description of the procurement:

Works relating to establishment of LNG Terminal.

II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • Extreme urgency brought about by events unforeseeable for the contracting entity and in accordance with the strict conditions stated in the directive
Explanation:

As stated in the legislation (1398/2016, as amended, Section 43), and Directive 2004/17/EC (2014/25/EU, Article 50), direct awards are allowed when specific circumstances apply. The awards were strictly necessary due to reasons of extreme urgency brought about by events unforeseeable by the contracting entity, war in Ukraine, as well as significant public interest which seriously jeopardizes national security of supply of gas. The Ministry of Finance tasked the chartering an LNG terminal ship and implementing the project as fast as possible to guarantee preparedness and security of gas supply. Similarly in Market Court in case MAO:101/21 there was urgent new information, and the direct award was allowed.

The time limits could not be complied with. Tendering competitions would have required several months of preparation. Due to lack of suitable vessels in the market, procurements without delay were strictly necessary.

These procurements have been classified as necessary for the security of supply by the Finnish National Emergency Supply Agency. The circumstances invoked to justify extreme urgency are not in any way attributable to the contracting entity. The situation is due to war, sanctions, as well as urgent risks to security of supply. On 21 May 2022 Russia stopped delivering natural gas to Finland.

According to Communication from the Commission (public procurement framework in the emergency situation related to the COVID-19 crisis, 2020/C 108 I/01), “the EU directives do not contain procedural constraints for a situation such as the current COVID-19 crisis which presents an extreme and unforeseeable urgency. -Authorities can act as quickly as is technically/physically feasible – and the procedure may constitute a de facto direct award only subject to physical/technical constraints related to the actual availability and speed of delivery. - Increase in the demand of similar goods, products and services coupled with a significant disruption of the supply chain, it may be physically/technically impossible to procure using even the fastest available procedures.” The war in Ukraine is fully comparable with the COVID-19 crisis in its unforeseeability and extreme urgency. It would have been impossible to arrange tendering competitions, even expedited, as time would have been required for drafting the tenders.

The Commission stated in its earlier (8 August 2015) Communication relating to the refugee crisis in 2015 that the prerequisites of extreme urgency may be fulfilled by the sudden increase in the number of refugees.

Market Court stated in case MAO:102/21 regarding the COVID-19 pandemic, “even if the contracting entity had had time to negotiate with other tenderers, it might have taken so much time to organize the negotiations and ensure equal treatment of tenderers that the procurement could not have been carried out within the required timeframe. Due to the principles of Article 3(1) of the Act on Public Procurement and Concession Contracts, when negotiating with more than one tenderer, the contracting entity should have ensured that the tenderers invited to negotiate were treated in a non-discriminatory manner and that, in addition, the contracting entity should have made a reasoned and non-discriminatory choice between the tenderers who participated in the negotiations. All of these steps can be considered to have taken time to complete. The conduct of negotiations with several tenderers in such a way as to enable the contract to be concluded and the contractual supplies to be started within the time constraints imposed by the case of extreme urgency may be regarded as having entailed a risk of the proper performance of the essential and urgent contract in question.”

IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a periodic indicative notice

Section V: Award of contract

Contract No: 2022-106769-001-001
Title:

Gasgrid Finland Oy Inkoon FSRU-terminaalin Fortumin laiturin rakentaminen ja muutostyöt / changes to pier

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
18/08/2022
V.2.3)Name and address of the contractor
Official name: Terramare Oy
Town: Helsinki
NUTS code: FI Suomi / Finland
Country: Finland
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
V.2.5)Information about subcontracting
V.2.6)Price paid for bargain purchases

Section V: Award of contract

Contract No: 2022-106769-001-002
Title:

FSRU Yhdysputki DN500 ja venttiiliasemat / works relating to connecting pipe and valve stations

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
10/08/2022
V.2.3)Name and address of the contractor
Official name: E.M. Pekkinen Oy
Town: Espoo
NUTS code: FI Suomi / Finland
Country: Finland
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
V.2.5)Information about subcontracting
V.2.6)Price paid for bargain purchases

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: Markkinaoikeus
Postal address: Sörnäistenkatu 1
Town: Helsinki
Postal code: 00580
Country: Finland
E-mail: markkinaoikeus@oikeus.fi
Telephone: +358 295643300
Internet address: http://www.oikeus.fi/markkinaoikeus
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

See Act on Public Procurement and Concession Contracts, Section 147

VI.5)Date of dispatch of this notice:
19/08/2022